Wakefield, MA Workplace Injury Lawyer
Workplace injuries can seriously disrupt victims’ lives. In addition to the cost of medical treatment, workers will likely also incur lost wages after suffering a workplace injury. Accordingly, Massachusetts employers are required to carry Workers’ Compensation insurance for their employees. Workers’ Compensation insurance covers both medical expenses and lost wages related to a workplace injury, regardless of whom was at fault.
There are instances where you may file a personal injury claim against your employer or another third party after a workplace injury. There are certain damages that may be rewarded in a personal injury case that are unavailable to Workers’ Compensation claimants. However, Personal injury plaintiffs must prove that their injuries were caused by defendants’ negligence. Our Wakefield workplace injury lawyers can help injured workers determine whether they should file a personal injury claim.
If you suffered a workplace injury in Wakefield, MA, get help recovering the compensation you deserve by calling The Law Office of John J. Sheehan at (617) 925-6407.
Differences Between Personal Injury Claims and Workers’ Compensation Claims in Wakefield, MA
After a suffering a workplace injury, it can be hard to decide what course of action is best for you. There are key differences between a personal injury claim and a Workers’ Compensation claim in Wakefield. Understanding those differences can help you recover the full extent of damages available to you after suffering a workplace injury. Furthermore, our Wakefield workplace injury lawyers can help injured workers pursue either type of claim.
Proving Fault
If you were injured at work because of another party’s negligence, you may be able to pursue a personal injury claim. However, plaintiffs must prove the following elements in a personal injury lawsuit to prove the defendant was at fault:
- The defendant had a duty of care to keep the plaintiff safe from harm.
- The defendant breached that duty of care.
- The defendant’s breach of duty caused injuries to the plaintiff.
- The plaintiff suffered damages as a result of their injuries.
Accordingly, injured workers must show that they were injured because of another party’s negligence to pursue a personal injury claim. For example, if you suffered injury in a construction site accident because your employer failed to provide you with necessary safety equipment, you may pursue a personal injury claim against your employer.
On the contrary, the Massachusetts Workers’ Compensation Act implements a no-fault system. Therefore, injured workers will not be required to prove fault in order to claim their Workers’ Compensation benefits. For example, if you strained a muscle in your back because you lifted a heavy object at work, you may recover Workers’ Compensation benefits without showing another party contributed to your injury.
Damages Available
There are also major differences between the damages available in a personal injury claim compared to a Workers’ Compensation claim. Personal injury plaintiffs may recover 100% of their lost wages and medical expenses suffered because of a workplace injury. Furthermore, personal injury plaintiffs may also recover damages for physical pain, emotional suffering, and scarring caused by a workplace injury. Our Wakefield workplace injury lawyers can help build your personal injury case if you were injured on the job because of another party’s negligence.
On the contrary, disability benefits only afford Workers’ Compensation claimants with a percentage of their average weekly wage. Furthermore, Workers’ Compensation claimants in Wakefield may not recover damages for pain and suffering and may only claim damages for scars to the hands, neck, or face. Still, Workers’ Compensation benefits can provide crucial support for medical expenses and lost wages suffered because of a workplace injury. You may also contact our Wakefield workplace injury lawyers for assistance with your Workers’ Compensation claim.
Injuries Covered by Workers’ Compensation in Wakefield, MA
There are a wide range of workplace injuries that may be covered by Workers’ Compensation insurance. There is not a specific list of conditions that are covered. You may recover Workers’ Compensation benefits in Wakefield if all of the following elements are met:
- You were an employee when the injury occurred.
- The injury was work-related and happened while you were working.
- Your employer had Workers’ Compensation insurance at the time of the injury.
- You filed your claim on time.
Different employers may impose varying deadlines for filing a Workers’ Compensation claim. Our Wakefield workplace injury lawyers can help injured workers when filing a claim. Waiting to file a claim could cause you to miss out on financial compensation.
Types of Benefits Available in Wakefield Workers’ Compensation Cases
Workers’ Compensation claimants in Wakefield will have multiple types of benefits available to them. The following are categories of benefits that may be awarded in Wakefield Workers’ Compensation claims:
- Temporary total incapacity benefits
- Temporary partial incapacity benefits
- Permanent and total incapacity benefits
- Benefits for scarring, disfigurement, and loss of function
The category of benefits awarded in your case will depend on the type of injuries suffered. For example, a worker who suffers a muscle strain and is able to work but earns less may qualify for temporary partial incapacity benefits. On the contrary, an injured worker who develops cancer as a result of chemical exposure at work may qualify for permanent and total incapacity benefits.
Each category of benefits involves different rates of compensation. Understanding the benefits available to you in a Workers’ Compensation claim can be difficult without the assistance of our Wakefield workplace injury lawyers. Our lawyers can explain which categories of benefits apply to your case in a free case review.
Time Limits to File a Personal Injury Claim After a Workplace Injury in Wakefield, MA
If you suffered a workplace injury because of another party’s negligence, you will have three years from the date of your injury to file a personal injury claim. However, you should contact our Wakefield workplace injury lawyers as soon as possible so we can begin gathering evidence to support your case.
If You Suffered a Workplace Injury in Wakefield, MA, Our Lawyers Can Help
If you suffered a workplace injury, seek assistance from experienced Wakefield workplace injury lawyers by calling The Law Office of John J. Sheehan at (617) 925-6407.
